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U.S. v. RUDOLPH

No. 97-2053.

190 F.3d 720 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Charles RUDOLPH, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 14, 1999.

Attorney(s) appearing for the Case

ARGUED and BRIEFED: Timothy M. Holloway, Constitutional Litigation Associates, Detroit, Michigan, for Appellant. Jennifer J. Peregord, Office Of The U.S. Attorney, Detroit, Michigan, for Appellee. ON BRIEF: David J. Debold, Office Of The U.S. Attorney, Detroit, Michigan, for Appellee.

Before: KEITH, BOGGS, and CLAY, Circuit Judges.

OPINION

BOGGS, Circuit Judge.

Charles Rudolph filed a motion to vacate one of three counts of his conviction. When the district court resentenced Rudolph, it applied a sentence enhancement and it denied his request for a downward departure for his alleged post-sentence rehabilitation. Rudolph appeals, contending that the district court erred by holding that it lacked the discretion to consider his request for the departure, and that the district court committed...

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